LAWS(DLH)-2022-11-140

VINITA VERMA Vs. VIRENDER KATARMAL

Decided On November 16, 2022
Vinita Verma Appellant
V/S
Virender Katarmal Respondents

JUDGEMENT

(1.) These are two separate applications filed on behalf of the plaintiff 1(ii), one of the legal heirs of the original plaintiff and the defendant no.2 for being impleaded as legal heirs of the defendant no.1, who is stated to have expired on 13/8/2021.

(2.) To appreciate the controversy between the parties, it may be relevant to consider the following facts:

(3.) Counsel for the defendant no.2 submits that the purported Will of the defendant no.1 propounded by the plaintiff no.1(ii) is surrounded by suspicious circumstances as the signatures of the defendant no.1 on the said Will do not match the signatures of the defendant no.1 on the pleadings filed in the present suit. Further, the defendant no.1 was suffering from severe ill health and was not in a position to visit the office of the Sub-Registrar for registration of the said Will. Therefore, in terms of Order XXII Rule 5 of the CPC, the defendant no.2 alone should be impleaded as a legal representative of the deceased defendant no.1. Counsel for the defendant no.2 has placed reliance has been placed on the following judgments: